Tuesday, March 12, 2013

Enhanced credit for pre conviction custody may properly include ineligibility for remission and parole while in remand custody

R. v. Summers, 2013 ONCA 147 holds enhanced credit for pre conviction custody may properly include consideration of ineligibility for remission and parole while in remand custody:

[8]          As I see it, however, s. 719(3.1) of the Code allows a sentencing judge to credit pre-sentence custody at a ratio up to, but not exceeding, 1.5:1 for each day spent in pre-sentence custody where, on consideration of all relevant circumstances, such credit is necessary to achieve a fair and just sanction in accordance with the statutory scheme for sentencing and punishment set out in the Code.  On a proper record, the relevant circumstances that may justify this enhanced credit include ineligibility for remission and parole while in remand custody.  In the reasons that follow, I will explain the basis for this conclusion. 


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